GENERAL CONDITIONS OF CARRIAGE (PASSENGERS AND BAGGAGE)

Transcription

1 GENERAL CONDITIONS OF CARRIAGE (PASSENGERS AND BAGGAGE) Hong Kong Airlines 1

2 CONTENTS ARTICLE 1: ARTICLE 2: ARTICLE 3: ARTICLE 4: ARTICLE 5: ARTICLE 6: ARTICLE 7: ARTICLE 8: ARTICLE 9: WHAT PARTICULAR EXPRESSIONS MEAN IN THESE CONDITIONS APPLICABILITY TICKETS FARES, TAXES, FEES AND CHARGES RESERVATIONS CHECK-IN AND BOARDING REFUSAL OF AND LIMITATION ON CARRIAGE BAGGAGE SCHEDULES, DELAYS AND CANCELLATION OF FLIGHTS ARTICLE 10: REFUNDS ARTICLE 11: CONDUCT ABOARD AIRCRAFT ARTICLE 12: ARRANGEMENTS FOR ADDITIONAL SERVICES ARTICLE 13: ADMINISTRATIVE FORMALITIES ARTICLE 14: SUCCESSIVE CARRIERS ARTICLE 15: LIABILITY FOR DAMAGE ARTICLE 16: TIME LIMITS FOR BAGGAGE CLAIMS, PROCESSING OF BAGGAGE CLAIMS AND TIME LIMITS FOR ALL ACTIONS ARTICLE 17: PASSENGERS WITH A DISABILITY ARTICLE 18: MODIFICATION AND WAIVER ARTICLE 19: INTERPRETATION Hong Kong Airlines 2

3 ARTICLE 1: WHAT PARTICULAR EXPRESSIONS MEAN IN THESE CONDITIONS As these Conditions of Carriage are read, please remember that: WE, OUR and US means Hong Kong Airlines Ltd. YOU, YOUR and YOURSELF mean any person, except members of the crew, carried or to be carried in an aircraft with our consent. (See also definition for Passenger ) AGREED STOPPING PLACES means those places, except the place of departure and the place of final destination, set forth on the Ticket or shown in our timetables as scheduled stopping places on your route as contractually agreed stopping places. AIRLINE DESIGNATOR CODE means two characters or three letters which identify particular air carriers. AUTHORISED AGENT means a passenger sales agent who has been appointed by us to represent us in the sale of air transportation over our services and, when authorised, over the services of other air carriers. BAGGAGE means your personal property accompanying you in connection with your trip. Unless otherwise specified, it includes both your Checked and Unchecked Baggage. BAGGAGE CHECK means those portions of the Ticket which relate to the carriage of your Checked Baggage. BAGGAGE IDENTIFICATION TAG means a document issued solely for identification of Checked Baggage. CARRIER means an air carrier other than ourselves, whose airline designator code appears on your Ticket or on a Conjunction Ticket. CARRIER S REGULATIONS mean rules, other than these Conditions, published by us and in effect on the date of ticket issue, governing carriage of passengers and/or baggage and shall include any applicable tariffs in force. CHECKED BAGGAGE means Baggage of which we take sole custody and for which we have issued a Baggage Check. CHECK-IN DEADLINE means the time limit specified by the airline by which you must have completed check-in formalities and received your boarding pass. CONDITIONS OF CARRIAGE means these conditions of carriage or another Carrier's conditions of carriage as the case may be. Hong Kong Airlines 3

4 CONDITIONS OF CONTRACT means those statements contained in or delivered with your Ticket or Itinerary/Receipt, identified as such and which incorporate by reference these Conditions of Carriage, and notice(s). CONNECTING FLIGHT means a subsequent flight providing onward travel on the same ticket or on a Conjunction Ticket. CONJUNCTION TICKET means a ticket issued to you in conjunction with another Ticket which together constitute a single contract of carriage. CONVENTION means the Warsaw Convention and/or the Montreal Convention, as the case may be. COUPON means both a paper Flight Coupon and an Electronic Coupon, each of which entitle the named Passenger to travel on the particular flight identified on it. DAMAGE includes death, wounding or any other bodily injury to a Passenger, loss, partial loss or theft or other damage to Baggage, arising out of or in connection with carriage by air or other services incidental thereto performed by us. DAYS means calendar days, including all seven days of the week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and provided further that for purposes of determining duration of validity the day upon which the Ticket is issued, or the flight commenced, shall not be counted. ELECTRONIC COUPON means an electronic Flight Coupon or other value document held in our database. ELECTRONIC TICKET means the Itinerary/Receipt issued by us or on our behalf, the Electronic Coupons and, if applicable, a boarding document. FLIGHT COUPON means that portion of the Ticket that bears the notation good for passage, or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which you are entitled to be carried. FORCE MAJEURE means unusual and unforeseeable circumstances beyond your or our control, the consequences of which could not have been avoided even if all due care had been exercised. ITINERARY/RECEIPT means a document or documents we issue as a Ticket to Passengers travelling on Electronic Tickets that contains the Passenger s name, flight information and notices. MONTREAL CONVENTION means the Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal, 28 May PASSENGER means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition of you, your and yourself ) Hong Kong Airlines 4

5 PASSENGER COUPON or PASSENGER RECEIPT means that portion of the Ticket issued by us or on our behalf, which is so marked and which ultimately is to be retained by you. REGULATIONS means rules, other than these Conditions of Carriage and Tariffs, published by us and in effect on the date of the commencement of carriage, governing the carriage of Passengers and Baggage. SDR means a Special Drawing Right as defined by the International Monetary Fund. The currency values of the Special Drawing Right fluctuate and are re-calculated each banking day and are reported regularly in leading financial journals as well as the website of the International Monetary Fund ( STOPOVER means a scheduled stop on your journey, at a point between the place of departure and the place of destination. TARIFF means the published fares, charges and/or related conditions of carriage of an airline filed, which have been filed where required, with the appropriate authorities. TICKET means either the document entitled Passenger Ticket and Baggage Check or the Itinerary/Receipt of the Electronic Ticket delivered to the Passenger, in each case issued by us or on our behalf and includes the Conditions of Contract, notices and coupons. UNCHECKED BAGGAGE means any of your Baggage other than Checked Baggage including all items brought by you into the aircraft cabin. WARSAW CONVENTION means whichever of the following instruments are applicable: the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929; the Warsaw Convention as amended at The Hague on 28 September 1955; the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975); the Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of Montreal (1975); the Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975); the Guadalajara Supplementary Convention (1961). Hong Kong Airlines 5

6 ARTICLE 2: APPLICABILITY 2.1 GENERAL Except as provided in Articles 2.2 and 2.4, these Conditions of Carriage apply to all flights, or flight segments, operated by us under our Airline Designator Code and in any case where we have a legal liability to you in relation to your flight These Conditions also apply to gratuitous and reduced fare carriage except to the extent that we have provided otherwise in our Regulations or in the relevant contracts, passes or Tickets These Conditions are written in the English language and may be translated into other languages. In the event of inconsistency, the English version shall prevail. 2.2 CHARTER OPERATIONS If carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply only to the extent they are incorporated, by reference or otherwise, on the Ticket or other agreement with the Passenger. 2.3 CODESHARES On some services we may have arrangements with other carriers known as Codeshares. This means that even if you have a reservation with us and hold a Ticket where our name or Airline Designator Code is indicated as the Carrier, another Carrier may operate the aircraft. If such arrangements apply, we will advise you of the name of the other Carrier operating the aircraft at the time you make a reservation. Where the identity of an operating Carrier is not known at the time of reservation, or where there is a change of operating carrier postreservation, we will inform you of the operating Carrier's identity as soon as that information is established Each of our Codeshare partners has rules regarding the operation of its own flights and these may differ from the rules applied to our own flights, and such rules are incorporated herein by reference and form a part of your contract for carriage to the extent they apply. Such rules may include, but are not limited to, check-in times, the carriage of unaccompanied minors, refusal of carriage, the carriage of animals and denied boarding compensation Complicated passenger services, such as unaccompanied minors, stretchers, medical cases, deportee cases, on codeshare marketing flights will not be accepted by us on our codeshare partners behalf. Passengers are required to make such arrangements with the operating carrier directly. 2.4 OVERRIDING LAW Hong Kong Airlines 6

7 2.4.1 These Conditions of Carriage are applicable unless they are inconsistent with the applicable Convention or applicable laws in which event such Convention or laws shall prevail Carriage hereunder is subject to the rules and limitations relating to liability established by the applicable Convention, unless such carriage is not 'international carriage' as defined by that Convention If any provision of these Conditions of Carriage is invalid under any applicable laws, the other provisions shall nevertheless remain valid under that law If these Conditions of Carriage are inconsistent with the Carrier s Regulations, these Conditions of Carriage will apply. Hong Kong Airlines 7

8 ARTICLE 3: TICKETS 3.1 GENERAL PROVISIONS We will provide carriage only to the Passenger named on the Ticket, and you may be required to produce appropriate identification We sell some Tickets at discounted fares which may be partially or completely nonrefundable. You should choose the fare which best suits your needs and consider taking out insurance to cover instances where you might have to cancel your Ticket If you have a Ticket, as described in Article above, which is completely unused, and you are prevented from travelling due to Force Majeure, provided that you promptly advise us and furnish evidence of such Force Majeure, we will provide you with a credit of the nonrefundable amount of the fare, for future travel on us, subject to deduction of a reasonable administration fee, except as provided under applicable laws or Convention Your Ticket is our property at all times if it was issued by us or our Authorised Agents. If your Ticket was issued by or on behalf of another airline, it is the property of the airline which issued it Except in the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you present a valid Ticket containing the Flight Coupon for that flight and all other unused Flight Coupons and the Passenger Coupon. Furthermore, you shall not be entitled to be carried if the Ticket presented is mutilated or if it has been altered otherwise than by us or an Authorised Agent. In the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless the Electronic Ticket was issued in your name and you can demonstrate that you are the person named on it by providing appropriate identification In case of loss or mutilation of a Ticket or part of it or non-presentation of a Ticket containing the Passenger Coupon and all unused Flight Coupons, we will, upon your request and subject to the Carrier s Regulations, replace such Ticket (or part of it) by issuing a new Ticket, if there is readily ascertainable and sufficient evidence at the time, that a Ticket valid for the flight(s) in question was duly issued. Any replacement is subject to you signing an agreement to reimburse us up to the value of the original Ticket for necessary and reasonable costs or losses incurred by us or another Carrier for misuses of the Ticket. We will not claim reimbursement from you for any such losses which result from our own negligence. The issuing Carrier may charge a reasonable administration fee for this service, unless the loss or mutilation was due to the negligence of the issuing Carrier, or its agents Except as required under applicable laws or Conventions, if the necessary evidence required under Article is not available or the agreement to reimburse our costs and losses is not signed, you may be required to pay up to the full Ticket price for a replacement Ticket, subject to refund if and when the original issuing Carrier is satisfied that the lost or mutilated Ticket has not been used before the expiry of its validity. If, upon finding the original Ticket before Hong Kong Airlines 8

9 the expiry of its validity, you surrender it to the Carrier issuing the new Ticket, the foregoing refund will be processed at that time Your Ticket is not transferable. If someone other than the person entitled to be carried on a Ticket travels pursuant to that Ticket or is given a refund in connection therewith, we shall not be liable to the person so entitled if, in good faith we provide carriage, or make a refund A Ticket is valuable and you should take appropriate measures to safeguard it and ensure it is not lost or stolen. 3.2 PERIOD OF VALIDITY Your Ticket is valid for carriage for one year from the date of commencement of travel or if no portion of the Ticket is used, from the date of issue thereof, except as otherwise provided on the Ticket, these Conditions or Carrier s Regulations If you are prevented from travelling within the period of validity of the Ticket because we: (i) cancel the flight on which you hold a reservation; or (ii) omit a scheduled stop, being your place of departure, place of destination or a Stopover; or (iii) fail to operate a flight reasonably according to schedule; or (iv) cause you to miss a connection; or (v) substitute a different class of service; or (vi) are unable to provide previously confirmed space; the validity of your Ticket will be extended until the first flight on which space is available in the class of service for which the fare has been paid When you are prevented from travelling within the period of validity of the Ticket because at the time you request reservations we are unable to provide space on the flight, the validity of such Ticket will be extended until our first flight on which space is available in the class of service for which the fare has been paid or you may be entitled to a refund When you are prevented from travelling within the period of validity of the Ticket by reason of illness after having commenced your journey, we may extend the period of validity of your Ticket until the date when you become fit to travel or until our first flight after such date, from the point where the journey is resumed on which space is available in the class of service for which the fare has been paid. Such illness must be attested to by an original valid medical certificate issued by a licensed medical practitioner. When the Flight Coupons remaining on the Ticket, or in the case of an Electronic Ticket, the Electronic Coupon, involve one or more Stopovers, the validity of such Ticket may be extended for not more than three months from the date shown on such certificate. In such circumstances, we will similarly extend the period of validity of Tickets of other members of your immediate family accompanying you In the event of death of a Passenger en-route, the Tickets of the persons accompanying the Passenger may be modified by waiving the minimum stay and extending the validity. In the Hong Kong Airlines 9

10 event of a death in the immediate family of a Passenger who has commenced travel, the validity of the Passenger's Tickets and those of his or her immediate family who accompanied the Passenger may likewise be modified. Any such modification shall be made upon receipt of a valid death certificate and any such extension of validity shall not be for a period longer than forty-five (45) Days from the date of the death. 3.3 COUPON SEQUENCE AND USE We will honour flight Coupons only for the transportation in the sequence from the place of departure as shown on the Ticket. The Ticket may not be valid and we may not honour the Ticket if the Coupons are not used in the sequence provided on the Ticket and you commence your journey at any Stopover or agreed stopping place You must contact us in advance if you wish to change any aspect of your transportation. The fare for your new transportation will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as ticketed. Except as required under applicable laws or Convention, should you be required to change any aspect of your transportation due to Force Majeure, you must contact us as soon as practicable, and subject to the provision of satisfactory evidence to us of Force Majeure, we will use reasonable efforts to transport you to your next Stopover or final destination, without recalculation of the fare Except as required under applicable laws or Convention, if you change your transportation without our agreement, your unused Flight Coupons will not be valid for travel and will have no value and we will not carry you until we or our Authorised Agent have recalculated the revised fare for your actual transportation and you have paid the difference (if any) between the price you have paid and the total price applicable for your revised transportation. We will refund you the difference if the new price is lower Many fares are valid only on the dates and for the flights shown on the Ticket and may not be changed at all, or only upon payment of an additional fee Each Coupon contained in your Ticket will be accepted for carriage in the class of service on the date and flight for which space has been reserved. When a Coupon is originally issued without a reservation being specified, space may be later reserved subject to our Tariff and the availability of space on the flight requested Except as required under applicable laws or Convention, if you fail to cancel a booking before the check-in deadline for your flight and do not show up for the flight, we may decide to cancel your return or onward reservations. 3.4 CARRIER'S NAME AND ADDRESS Our name may be abbreviated on the Ticket. Our address shall be deemed to be the airport of departure shown opposite the first abbreviation of our name in the Carrier box on the Hong Kong Airlines 10

11 Ticket, or in the case of an Electronic Ticket, as indicated for our first flight segment in the Itinerary/Receipt. Hong Kong Airlines 11

12 ARTICLE 3A STOPOVERS 3A.1 Stopovers may be permitted at Agreed Stopping Places subject to applicable government requirements and our Regulations. 3A.2 Stopovers must be arranged with us in advance and specified on the ticket. Hong Kong Airlines 12

13 ARTICLE 4: FARES, TAXES, FEES AND CHARGES 4.1 FARES Your fare covers transporting you from the airport at the place of departure to the airport at the place of destination, unless otherwise expressly stated. Fares do not include ground (road, rail) or maritime transport service between airports and between airports and town terminals. We are not liable for the acts or omissions of any operator of any ground transport services and we are not be liable therefore by reason of anything done by our employee or agent in assisting the Passenger to avail of such services. In cases where we provide ground transport services, these Conditions and Carrier s Regulations shall be deemed applicable to such services and any additional charges payable for the use of such services in accordance with our Carrier s Regulations shall not be refundable if such services are not used by the Passenger Your fare will be calculated in accordance with our Tariff in effect on the date of payment of your Ticket for travel on the specific dates and itinerary shown on it. Should you change your itinerary or dates of travel, this may change the fare to be paid. 4.2 APPLICABLE FARES Applicable fares for carriage governed by these Conditions are those published by or on behalf of Carrier or, if not so published, constructed in accordance with Carrier's Regulations. Subject to government requirements and Carrier's Regulations, the applicable fare is the fare for the flight or flights in effect on the date of commencement of the carriage covered by the first Flight Coupon of the Ticket, or in the case of an Electronic Ticket, as indicated for the first flight segment in the itinerary/receipt. When the amount that has been collected is not the applicable fare, the difference shall be paid by the Passenger, or, as the case may be, refunded by Carrier, in accordance with Carrier's Regulations. 4.3 TAXES, FEES, CHARGES AND SURCHARGES Any taxes, fees, charges and surcharges imposed by governments or other authorities, or by the operators of the airport, in respect of a Passenger or the use by a Passenger of any services or facilities shall be payable by you. At the time you purchase your Ticket, you will be advised of taxes, fees, charges and surcharges. The taxes, fees, charges and surcharges imposed on air travel are constantly changing and may be imposed after the date of Ticket issuance. If there is an increase in a tax, fee, charge or surcharge shown on the Ticket, you will, except as limited by applicable laws, be obliged to pay it. Likewise, if a new tax, fee, charge, or surcharge is imposed even after Ticket issuance, you will, except as limited by applicable laws, be obliged to pay it. Similarly, in the event any taxes, fees, charges or surcharges which you have paid to us at the time of Ticket issuance are abolished or reduced such that they no longer apply to you, or a lesser amount is due, you will be entitled to claim a refund in accordance with applicable laws. Hong Kong Airlines 13

14 4.3.2 Some additional charges, surcharges or fees imposed by us or by another Carrier shall also be payable by you. At the time you purchase your Ticket such charges, surcharges or fees will normally be incurred and may be refunded only at our absolute discretion or in accordance with any applicable rules or policies that we may have published and, in either case, subject to the payment of any administrative fee as we may determine as applicable to such refund. These charges, surcharges or fees are subject to change and we reserve the right, except as limited by applicable laws, to require you to pay new charges, surcharges or fees (or increases to existing ones) at any time up until the flight to which the relevant charges, surcharges or fees may apply has been fully performed or at the time your Ticket is re-issued for change of any sector or routing. 4.4 CURRENCY Fares, taxes, fees, surcharges and charges are payable in the currency acceptable to us. When payment is made in a currency other than the currency in which the fare is published, such payment will be made at the rate of exchange established in accordance with the Carrier s Regulations. 4.5 ROUTING Unless otherwise provided in Carrier's Regulations, fares apply only to routings published in connection therewith. If there is more than one routing at the same fare, the Passenger may specify the routing prior to issue of the Ticket. If no routing is specified, Carrier may determine the routing. Hong Kong Airlines 14

15 ARTICLE 5: RESERVATIONS 5.1 RESERVATION REQUIREMENTS Reservations are not confirmed until recorded as accepted by Carrier or its Authorised Agent Certain fares have conditions which limit or exclude your right to change or cancel reservations. 5.2 TICKETING TIME LIMITS If you have not paid for the Ticket prior to the specified ticketing time limit as advised by us or our Authorised Agents, we may cancel your reservation without notification. 5.3 PERSONAL DATA You recognise that your personal data, including, but not limited to, your personal details, are given to us for the purposes of verifying your identity, ensuring flight safety and security, making reservation for carriage and issuing a ticket, obtaining ancillary services, accounting, billing and auditing, verifying and screening credit or other payment, statistical and marketing analysis, operating frequent flyer programmes, customer relations, facilitating immigration and entry requirements, customs control, safety, security, health, administrative and legal purposes, maintenance and development, IT training, making available such data to government agencies, for marketing purposes (only with your consent or if we give you the opportunity to opt out), complying with any law, legal or regulatory requirement or complying with any governmental, judicial or administrative direction or order With your expressed consent, we will use your personal information for direct marketing. You may opt-out from receiving marketing communications at any time by updating your personal profile online or by writing to the officer referenced in Article below Save as limited by applicable laws, for the purposes set out under Article 5.3.1, you authorise us to: retain and use your personal information as long as it is reasonably required by us to achieve the purpose for which it was collected and to comply with any legal and regulatory requirements; and transmit it to our own offices, our parent and subsidiary company(ies), our Authorised Agents, government and enforcement agencies, Carriers and other third party service providers involved in providing your transportation or related services and facilities, including credit card and other payment card companies. Hong Kong Airlines 15

16 5.3.4 You may be required, by government regulations, to provide specific personal data or information to us, including information to enable us to notify family members in the event of an emergency and other purposes associated with or incidental to your carriage You have the right to request access to and correction of your personal information as held by us. If you wish to access or correct your personal information held by us, please contact the officer referenced in Article below We may also monitor and/or record your telephone conversations with us to ensure consistent service levels, prevent/detect fraud and for training purposes Further information on our data privacy policy, including how to access and correct your personal information, can be obtained by writing to our Data Protection Officer, Corporate Governance and Development Department, Hong Kong Airlines Limited, 11th Floor, One Citygate, 20 Tat Tung Road, Tung Chung, Lantau, Hong Kong. 5.4 SEATING We do not guarantee to provide any particular seat in the aircraft but we will endeavour to honour advance seating requests. You agree to accept any seat that may be allotted on the flight in the class of service for which the Ticket has been issued. We have the right to assign or reassign seats at any time, even after boarding of the aircraft for operational, safety, security or other reasons In the case of a Passenger with a disability, we will provide seating accommodation in accordance with applicable laws. 5.5 OTHER SERVICES Whilst we will try to ensure that relevant services are available for your flight, for operational reasons, we do not make any guarantees about the provision or availability of in-flight entertainment equipment and advertised programmes; advertised special meals or any other type of meals (including special dietary or religious meals); or the availability of advertised in-flight services, except as provided by applicable laws or Convention or our Tarmac Delay Plan. 5.6 RECONFIRMATION OF RESERVATIONS Onward or return reservations may be subject to the requirement to reconfirm the reservation within specified time limits. We will advise you when we require reconfirmation, and how and where it should be done. If it is required and you fail to reconfirm, we may cancel your onward or return reservations. 5.7 CANCELLATION OF ONWARD RESERVATIONS Hong Kong Airlines 16

17 If you wish to reschedule or cancel your flights, please contact the reservation/ticketing office of Hong Kong Airlines or your travel agent(s) for arrangement. If you fail to advise us and do not show up for any flight, we may cancel or request cancellation of any onward or return reservations. 5.8 OVERBOOKING OF FLIGHTS In order to minimize the influence of no-shows and to enable seats to be used by passengers who otherwise would not be able to travel on their chosen flight, we, as well as most major airlines, may take overbooking on our services. By careful monitoring and control, we do our utmost to match the number of available seats to the number of passengers that we expect will show up on the flight. In addition, the occurrence of any Force Majeure events (e.g. act of god, war, adverse weather conditions, political or military acts, or any other events that are not within our control) may also lead to overbooking of flights and that the availability of seats cannot be guaranteed for such reasons. Whilst we make every effort to provide seats for which confirmed reservations have been made, no absolute guarantee of seat availability is denoted by the expression reservations, bookings, status and the timings attached to them. We operate compensation schemes, in accordance with the applicable laws and our compensation policy to passengers with confirmed reservations who are involuntarily denied carriage because of non-availability of seats. Hong Kong Airlines 17

18 ARTICLE 6: CHECK-IN AND BOARDING 6.1 Check-in Deadlines are different at every airport. You should arrive at our check-in location well ahead of the Check-in Deadlines of the scheduled flight departure to permit completion of any government formalities and departure procedures. All check-in counters will close 40 minutes before the scheduled departure time. If you do not complete the check-in process of you and your Baggage by the check-in deadline, we may decide to cancel your reservation and not carry you. By completing the check-in process we mean that you have received your boarding pass for your flight. 6.2 The boarding gates will close 20 minutes before departure. If you fail to arrive in time at the boarding gate or appear improperly documented (please refer to Article 13.2 regarding travel documents) and are not ready to travel, we may cancel the space reserved for you and will not delay the flight. 6.3 We will not be liable to you for any loss or expense incurred due to your failure to comply with the provisions of this Article. Hong Kong Airlines 18

19 ARTICLE 7: REFUSAL OF AND LIMITATION ON CARRIAGE 7.1 RIGHT TO REFUSE CARRIAGE We may refuse carriage of you or your Baggage if we have notified you in writing that we would not at any time after the date of such notice carry you on our flights due to any violations of the rules listed in this Section 7.1. We may also refuse carriage of you or your Baggage for reasons of safety or if you have failed to comply with crew instructions related to safety or security or, in the exercise of our reasonable discretion, we determine that: such action is necessary in order to comply with any applicable laws, regulations, or orders of any state or country to be flown from, into or over; or you refuse our requests for information about yourself including information required by government authorities; or your mental or physical state, including your impairment from alcohol or drugs, presents a safety or health hazard or risk to yourself, to Passengers, to crew, or to property or may materially affect the comfort of other Passengers or crew (unless otherwise prohibited by applicable laws); or you are, or we reasonably believe you to be, in unlawful possession of drugs; or you have used threatening, abusive or insulting words or have behaved in a threatening, abusive, insulting or disorderly way towards our ground staff or a member of the crew; or you have deliberately interfered with a member of the crew carrying out their duties; or you have committed a criminal offence during the check-in or boarding processes or on board the aircraft; or you have refused to submit to a security check for yourself or your Baggage, or having submitted to such a check, you fail to provide satisfactory answers to security questions at check-in or at the boarding gate, or you fail a security profiling assessment/analysis, or you tamper with or remove any security seals on your Baggage or security stickers on your boarding pass; or you have not fully paid the applicable fare, taxes, fees, charges or surcharges in which event, we may suspend your Ticket until all outstanding amounts paid and cancel your Ticket if you fail to pay within a reasonable time; or you do not appear to have valid travel documents; or you seek to enter a country through which you are in transit; or Hong Kong Airlines 19

20 you destroy your travel documents during flight; or you refuse to surrender your travel documents to the flight crew, against receipt, when so requested by us; or you present a Ticket that has been altered by anyone other than us or our Authorised Agent or is invalid, or is spoiled, torn, damaged, mutilated or has been tampered with. (We have the right to retain such Ticket); or you present a Ticket that has been acquired unlawfully; or you present a Ticket that has been reported as being lost or stolen; or you present a Ticket that is a counterfeit Ticket; or you cannot prove that you are the person named on the Ticket; or you have refused or failed to undergo a health screening or health examination requested by us or by a government or enforcement agency; or you fail to comply with the requirements set forth in Article 3.3 above concerning coupon sequence and use, or you present a Ticket which has been issued or altered in any way, other than by us or our Authorised Agents; or you have failed to arrive at the boarding gate in time; or you have failed to present yourself for check-in in time; or you fail to observe our instructions; or you have committed one of the acts or omissions referred to above on or in connection with a previous flight and we believe you may repeat such behaviour; or you try to travel while a refusal of carriage notice we have served on you is in force. 7.2 CONSEQUENCES OF REFUSAL TO CARRY OR REMOVAL OF PASSENGER If we have, in the exercise of our reasonable discretion, refused to carry you, or removed you en route for any of the reasons mentioned under Article 7.1, or for any other reason, then we may cancel the remaining unused portion of your Ticket. In such circumstances you will not be entitled to further carriage or to a refund either in respect of the sector that was the subject of the refusal of carriage or removal, or any subsequent sectors covered by the Ticket, and we shall have no liability whatsoever to you for any consequential losses arising out of our refusal to carry you or our decision to remove you from the aircraft. 7.3 LIMITATION OF CARRIAGE Hong Kong Airlines 20

21 7.3.1 Acceptance for carriage of unaccompanied children, incapacitated persons, pregnant women, persons with illness or other people requiring special assistance may require prior arrangement with us in accordance with the Carrier s Regulations. For Passengers with a disability, please also see Article We may provide special assistance under this Article 7.3 at a charge With reference to Article 2.3.3, arrangements for complicated passenger services on codeshare flights, such as unaccompanied minors, stretchers, medical cases, deportee cases must be made direct with the operating carrier. 7.4 ITEMS REMOVED FROM PASSENGERS BY AIRPORT SECURITY PERSONNEL We will not be responsible for, nor have any liability in respect of, items removed from you or your Baggage by airport security personnel acting in accordance with international or government regulations, whether or not any such items are subsequently retained or destroyed by such airport security personnel, or are passed by such airport security personnel to us. Hong Kong Airlines 21

22 ARTICLE 8: BAGGAGE 8.1 ITEMS UNACCEPTABLE AS BAGGAGE You must not include in your Baggage: items which do not constitute Baggage as defined in Article 1 hereof; items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in the Carrier s Regulations; items the carriage of which is prohibited by the applicable laws, regulations, orders, directives or the like of any state to be flown from, or to; items which are reasonably considered by us to be unsuitable for carriage because they are dangerous, unsafe or because of their weight, size, shape content or character, or for safety, security or operational reasons, or the comfort of other Passengers, or because they are fragile or perishable If you are in possession of, or if your Baggage includes any firearms or munitions, you must seek our permission before you check in, and you must present them to us for inspection prior to commencement of carriage. We may, at our sole discretion, refuse to carry firearms and munition. If we accept such articles for carriage, we may charge a handling fee for their carriage and they will only be carried as Checked Baggage and remain in our custody until your arrival at the airport building at the place of destination. Carriage of firearms and munitions is subject to ICAO and IATA regulations and applicable government regulations Weapons such as antique firearms, swords, knives and similar items may be accepted as Checked Baggage, at our sole discretion, but will not be permitted in the cabin You must not include in your Checked Baggage any fragile, perishable or valuable items including but not limited to: keys, artwork, cameras, money, jewellery, precious metals, silverware, medicines, drugs, computers, diving computers, personal electronic devices, negotiable papers, share certificates, securities, business documents, passports and other identification documents or samples, commercial goods and odd-sized articles. 8.2 RIGHT TO REFUSE CARRIAGE We may refuse carriage as Baggage of such items described in Article 8.1 as are prohibited from carriage as Baggage and we may refuse further carriage of any such items on discovery thereof. Hong Kong Airlines 22

23 8.2.2 For security, safety or operational reasons, we may refuse to carry as Baggage any item which does not belong to you and which you have pooled with your own Baggage. Except as provided by applicable laws and Convention, we do not accept liability for such Baggage and reserve the right to seek indemnity from you in respect of claims or losses incurred as a result of Damage caused to it Unless advance arrangements for its carriage have been made with us, we may carry any Baggage which exceeds the applicable free Baggage allowance on a flight other than the one we carry you on, subject to your paying the charges specified in Article We may refuse to accept Baggage for carriage as Checked Baggage unless it is in our reasonable opinion properly and securely packed in suitable suitcases or other appropriate containers to ensure safe carriage with ordinary care in handling We will not refuse to carry wheelchairs or other disability-assistive devices of Passengers, provided that such carriage would not violate relevant safety, hazardous materials or safety requirements. You should inform us at the time of booking of your special assistance needs so we may have adequate time to make appropriate arrangements We and our agents shall not check through Baggage for other Carriers where we do not have an interline agreement with them. You should check whether we have an interline agreement with such other Carrier(s) in advance if you plan to (a) connect with flight(s) of other Carrier(s) after taking our flight(s); or (b) connect with our flight(s) after taking flight(s)t of other Carrier(s). If such other Carrier(s) do(es) not have an interline agreement with us, you should clear your Baggage and have it checked-in and re-tagged for the next flight. In such circumstances, we are not liable for any loss, damage or delay to your journey or Baggage. 8.3 RIGHT OF SEARCH For reasons of safety and security, we may request you to permit a search (including the possibility of a scan such as x-ray scanning) to be made of your person or your Baggage. We may search or have searched the Passenger s Baggage in your absence if you are not available for the purpose of determining whether you are in possession of or whether your Baggage contains any item described in Article or any firearms, munitions or weapons which have not been presented to us in accordance with Article or If you are unwilling to comply with such requests we may refuse to carry you and your Baggage Except as required by applicable laws or Convention, we are not liable for any Damage caused to you or your Baggage due to the search except to the extent that such Damage is caused to you or your Baggage due to our negligence or wilful misconduct. 8.4 CHECKED BAGGAGE Hong Kong Airlines 23

24 8.4.1 Upon delivery to us of your Baggage which you wish to check, we will take custody thereof and issue a Baggage Identification Tag, for each piece of your Checked Baggage If Baggage has no name, initial or other personal identification, the Passenger shall affix such identification to the Baggage prior to acceptance by us Checked Baggage will be carried on the same aircraft as you, unless, for safety, security, or operational reasons, we decide that this is impracticable, in which case we will carry the Checked Baggage on our next flight on which space is available If your Checked Baggage is carried on a subsequent flight, we will deliver it to you unless applicable laws require you to be present for customs clearance. 8.5 FREE BAGGAGE ALLOWANCE You may carry some Baggage free of charge as specified and subject to the conditions and limitations in the Carrier s Regulations. Your free Baggage allowance will depend on, amongst other things, our current Baggage regulations and your class of travel. Your free Baggage allowance will be shown on your Ticket, or in the case of an E-Ticket, in your Itinerary/Receipt. Further information is available on our website, or upon request from us or our Authorised Agents Subject to these conditions, the Carrier s Regulations and Baggage allowance for certain flights which may have lower maximum permitted weight, the maximum permitted weight for a single item of Checked Baggage is 32kgs/70lbs. We shall have no liability to you whatsoever for any loss, Damage or delay arising as a result of your failure to comply with the above weight limit and the need to repack or split overweight Baggage Where two or more Passengers, travelling as one party to a common destination or point of Stopover by the same flight, present themselves and their Baggage for travelling at the same time and place, they may be permitted to, subject to the Carrier s Regulations, a total free baggage allowance equal to the combination of their individual free baggage allowances. 8.6 EXCESS BAGGAGE You shall pay a charge for the carriage of Baggage in excess of the free Baggage allowance at the rate and in the manner provided in the Carrier s Regulations. 8.7 UNCHECKED BAGGAGE Baggage which you carry on to the aircraft must fit under the seat in front of the Passenger or in an enclosed storage compartment in the cabin. Items we determine to be of excessive weight or size or we otherwise consider unsafe will not be permitted in the cabin and must be Hong Kong Airlines 24

25 carried as Checked Baggage. We may specify maximum dimensions and/or weight for Baggage which you carry onto the aircraft Except as provided by applicable laws, objects not suitable for carriage in the cargo compartment (such as delicate musical instruments) and which do not meet the requirements in Article above, will only be accepted for carriage in the cabin compartment if you have given us due notice in advance and permission has been granted by us. Except as provided by applicable laws, the carriage of such objects may be charged for separately. 8.8 COLLECTION AND DELIVERY OF CHECKED BAGGAGE Save for the situation specified in Article above, you shall collect your Checked Baggage as soon as it is made available at your destination or, if the Stopover is greater than 24 hours, at the Stopover. We may charge you a storage fee if your Checked Baggage is not collected within a reasonable time. We may dispose of your Checked Baggage without any liability to you if it is not claimed within three (3) months from the time it is made available Only the bearer of the Baggage Check and Baggage Identification Tag is entitled to delivery of Checked Baggage. We do not take any responsibility for ensuring that the bearer of the Baggage Check is entitled to delivery If a person claiming the Baggage is unable to produce the Baggage Check and identify the Baggage by means of a Baggage Identification Tag, we will deliver the Baggage to such person only on condition that he or she establishes to our satisfaction his or her right to the Baggage thereto, and if required by us, such person shall furnish adequate security to indemnify us for any loss, damage or expense which may be incurred by us as a result of such delivery Except as provided by applicable laws or Convention, acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery shall constitute sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage. 8.9 ANIMALS We reserve the right at our absolute discretion, but subject to applicable laws, to refuse to carry animals. If we agree to carry your animal(s) they will be carried subject to the following conditions: Save as provided under Article 8.9.5, animals must be transported as Checked Baggage (suitably containerised and carried within the cargo compartment of the aircraft) and will not be allowed in the passenger cabin You must ensure that animals and pets are properly crated (or carried in containers which comply with applicable legal requirements or relevant industry standards, including where Hong Kong Airlines 25

26 applicable, the IATA Live Animals Regulations) and are accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit, failing which such animals will not be accepted for carriage. Such carriage may be subject to additional conditions by us, which are available on request If accepted as Baggage, the animal, together with its container and food, shall not be included in your free Baggage allowance but constitute excess Baggage, for which you shall pay the applicable rate Service animals accompanying Passengers with disabilities can be carried as Checked Baggage or in the cabin free of charge in addition to the normal free Baggage allowance subject to conditions specified by us, which are available upon request, or as required by applicable laws Acceptance for carriage of animals is subject to the condition that you assume full responsibility for such animal. Where carriage is not subject to the liability rules of the Convention, we are not responsible for injury to or loss, sickness or death of an animal which we have agreed to carry except to the extent that we have been negligent We will have no liability in respect of any such animal not having all the necessary exit, entry, health and other documents with respect to the animal s entry into or passage through any country, state or territory and the person transporting the animal must reimburse us for any fines, costs, losses or liabilities reasonably imposed or incurred by us as a result. ARTICLE 9: SCHEDULES, DELAYS AND CANCELLATION OF FLIGHTS 9.1 SCHEDULES We undertake to use our best efforts to carry you and your Baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel. Times shown on the Ticket, timetables or elsewhere are not guaranteed and do not form part of your contract with us. The flight times shown in published timetables may change between the time of publication and the time you actually travel Before we accept your booking, we will notify you of the scheduled flight time in effect as of the time of booking, and it will be shown on your Ticket. It is possible we may need to change the scheduled flight time subsequent to issuance of your Ticket. If, after you purchase your Ticket, we make a significant change to the scheduled flight time, which is not acceptable to you, and we are unable to book you on an alternate flight which is acceptable to you, you will be entitled to a refund in accordance with Article CANCELLATION, REROUTING, DELAYS, ETC. Hong Kong Airlines 26